C R O S S R OA D S
FA M I L Y L AW M E D I AT I O N Ca t h o l i cCare – Th e Fam ily Re lationship Centre, Toowoomba www.catholicca re.ser vice s
The concept of “family” shifts and changes as society’s expectations evolve. Not surprisingly, Australia’s family law system has had to undergo significant restructures over the decades to reflect the evolving needs and expectations of the modern family. If you are reading this publication, you are undoubtedly already aware that Australia’s family law system is currently under review again with the recent release of The Australian Law Reform Commission’s report, “Family Law for the Future: An Inquiry into the Family Law System”. Many have high hopes that the reforms will lead to better outcomes for separated families. Are these hopes realistic? If answered honestly, most front-line family law professionals would agree that limitations will always exist in this area of the law as we are working with people and the inherent complexities of the human experience. Whilst it is certainly possible to improve some of the systemic inefficiencies in the way family law disputes are managed in Australia, the reality is that many of the complex matters that progress to Court will continue be protracted, expensive and still result in outcomes that one or more parties will be unhappy with. What is the answer then? From a family law mediator’s perspective, the simple answer is this: avoid Court. We know this is not always possible and there will always be cases that necessitate judicial decision-making. However, we see dozens of cases come through our service each year that have either already been to Court or are currently in Court when it is almost certainly unnecessary and counterproductive for them to do so. Court proceedings typically involve both parties putting forward evidence to support their argument as to why the Court should make the orders they are seeking. This process does not encourage the parties to acknowledge any positive characteristics that the other party may possess.
Instead, it invites the parties to document and publish all the negative things they can recall about the other party that may be considered relevant to the proceedings. Not surprisingly, this process tends to significantly impact any remaining goodwill between the parties. It can make future co-parenting relationships even more challenging and often results in ongoing negative implications for the children of these families whose parents grow to despise each other even more. We therefore urge any separated parents to exhaust all possibilities of amicable resolution before considering C o u r t p ro c e e d i n g s . M e d i a t i o n a n d t h e r a p e u t i c supports can be a very effective alternative to Court proceedings. The collaborative nature of mediation helps parents to focus on their children and find effective ways of communicating with each other into the future. We must emphasise that mediation is not always a safe and appropriate option for all separated families, however our staff are trained to thoroughly assess appropriateness and identify any supports or other preparation that may enable mediation to appropriately proceed. Over the coming issues of Crossroads, we will identify a variety of commonly occurring challenges experienced by separated families and explain how our specialised mediation services can support participants to reach resolution without having to go to Court. A final note. Whilst our government officials earnestly grapple to find elegant legislative solutions for separated families in conflict, the answer for your family is unlikely to be solved by a government or Court. The best decisions will typically be those ones that are made by you and your co-parent because you know your children best - far better than any Court system – and it is your family who must live with the outcome of a decision that is made for you.
CatholicCare provides a range of services to promote individual, family and community wellbeing. The Toowoomba Family Relationship Centre (FRC) assists separated parents and families to negotiate and agree on workable parenting arrangements outside the Court system, and supports families by connecting them to information and referrals, conflict and communication programs as well as facilitating family dispute resolution (FDR).
Issue Eleven
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